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Town Council Minutes 03/21/2006
TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL  33160

OFFICIAL MINUTES
MARCH 21, 2006
REGULAR TOWN COUNCIL MEETING
7:30 P.M.

MEETING CALLED TO ORDER
Mayor Singer called the meeting to order at 7:36 p.m. Roll Call taken by the Town Manager.

Council Members:  Mayor Singer, Vice Mayor Ben Einstein, Councilmember Camille Colella-Battista, Councilmember Iglesias, and Councilmember Lusskin.

Staff:  Town Manager Bonilyn Wilbanks-Free, Town Attorneys Stephen Helfman and Tara Gould, Police Chief James Skinner, Finance Director, Maria Camacho, and Assistant to the Town Manager, Zoraya Roncallo.

PLEDGE ALLEGIANCE TO THE FLAG
Chief Skinner led the pledge to the flag

PRESENTATION
Chief Skinner introduced his new Police Officer Robert Hayes and Lieutenant Gary Smith.  Chief reported department was at full strength.

Architect Paul Buzinec - discussed his qualifications for completing the preparing the plans necessary to solicit an RFP for the renovations.  

Town Attorney clarified that this person will be entering the contract with CAS.  

Council asked questions and concluded their questions with an agreement that the first draft of the plans will be completed to present to Council within 90 days.

ADDITIONS/DELETIONS/REMOVAL OF ITEMS FROM CONSENT AGENDA/ CHANGES TO BE MADE TO AGENDA

Mayor requested that all revision material changes be given to Council 24 hours prior to the Council Meeting.

Move up Item 5 to following the Attorney Report Motion by: Councilmember Lusskin
Second by: Councilmember Colella-Battista. Vote 5 Ayes  0 Nays

Councilmember Battista requested that the setting of dates for upcoming meetings be completed early in meeting due to her feeling ill and she may need to leave before the meeting is over. Motion to due date setting for meetings immediately following Additions/Deletions. Motion by: Mayor Singer Second by: Vice Mayor Einstein Vote 5 Ayes  0 Nays
Councilmember Iglesias pulled Item 3 Minutes from the Consent Agenda. Motion by: Councilmember Iglesias Second by: Vice Mayor Einstein. Vote 5 Ayes  0 Nays

Setting of Dates for Upcoming Meetings

Motion to authorize an attorney/client session. . Motion by: Councilmember Iglesias Second by: Councilmember Lusskin. Vote 5 Ayes  0 Nays

Ordinance Review Workshop date and it was set for April 17th at 7 p.m.

Committee Reports:

Recreation Committee - Alene Fishbein - announced Pot Luck Dinner on April 2nd from 5P to 8P with Cold Stone Creamery, entertainment, prizes for the children and the adults.  Council will do the judging.

Beach Committee - Councilmember Iglesias - reported the recommendations are as follows:
·       Beach attendant to be on the agenda and to have input putting together the job description.
·       Complete work at the Lifeguard station due to damage from hurricanes.  Door was the only thing fix. Windows need replaced on the east and south side.  

GOOD & WELFARE

Sydell Herrick - 625 Ocean Bv
·       Demolition at 615 Ocean - Request the Code to be changed so that time frames and heavy penalties be put in place to obtain compliance.
·       Requested Council to consider a referendum to allow businesses in Golden Beach as film ordinance is doing.
·       Beach area - glad to know that Council is working on improving it.  

Cathy Szabo - (Addendum #1 and #2)
·       Objects to page 9 and 10 which as a part of the permanent record of the meeting.  It did not include the exhibits as she requested.  She reentered the exhibits and Ms. Szabo's input that she states is a "verbatim transcript"  Exhibits  removed by Ms. Szabo at the 3/2/06 meeting were returned and marked Exhibits and dated for the 03/02/06 meeting and 3/21/06 meeting.
·       Upset over locks being changed to Town Hall at 12 Midnight and her personnel belongings not returned and that she could not go back into her office and remove her own belongs.
·       Stated that the termination of the last Town Clerk included a letter from the Town Manager stating the reasons for her termination and she feels that she has been denied her due process.

Stan Feinman - 475 Ocean Bv.
·       Wants his letter of March 2nd to be included in the record of RTCM 03/02/06.  
·       Accused the Town Manager of editing the material and adding items that he did not say
·       Feels that the rope can be reinstituted and the buoys replaced now.  
·       Beach is a mess and disgusting.
·       Wants Workshops about undergrounding, town hall, loggia,
·       Wants an officer assigned to patrol the beach with equal time patrolling 8 hours a day in an all weather vehicle.  He will help to find the proper vehicle for patrolling.
·       Disagrees with 2nd Gem car

Alene Fishbein - 256 GBD
·       Feels the last two meetings were not conducted right by the Council.  
·       Thanked Ms. Szabo for her services as the Chairperson of the Recreation Committee.  Felt she was very competent in doing her job.  She and Dick thanked Cathy for her services.
·       Feels Council is out of touch with what the residents are saying about the Town project.
·       Wants one thing done at a time and do it well.
·       Wants Town Meeting to hear from the residents. Resident should speak for 2 minutes and be positive.  The residents must be part of the decision-making.
·       Feels the Beach is the Town's biggest asset and she went and looked at the restrooms.  Recommends the Council spend $2,000 and fix them up.
·       Town Hall and Public Works is a disgrace.

Mayor's Report

·       Project update:
Paver Project - finishing the punch list.  Asphalt will be completed within the next two weeks.

Stormwater Project - thanked the residents for their patience S. Parkway is 90% complete - landscaping will be started shortly

Emergency Sinkhole repairs - approximately 25% complete - expected completion date is 3/24/06
                        Town Manager's Project List - updated and distributed to Council

Website - expected online by Thursday.  Still need Council bios.  Give to Town Manager.

Equinox March 21st  - requested Dr. Iglesias to give update as he was on the boat today.

Vacant Town Clerk and Ass't to Town Manager - advertising in the Datagram and local paper by 3/31/06.

Tallahassee Trip - next week - Working with Lobbyist and asking for money for Town projects.

COUNCIL COMMENTS:

Councilmember Colella-Battista's Comments:
·       Rec'd calls about Town Hall meetings.  
·       Hopes website will provide a current update and information on Town Hall meetings.  
·       Would like Town Hall meeting so residents can be heard.  

Vice Mayor Einstein's Comments:
·       Concerned over exhibits and attachments to the minutes.  Requested TA to respond on proper procedure based on Town Charter. Town Attorney stated that the documents             should be retained and made a part of the agenda.  No attachment is necessary but               certainly, a reference that the person did ask that they be attached is needed.  Must be maintained but detail in the minutes is not required unless you require your minute taker to do that.  Town Manager explained that any communications sent and read into the record are maintained.  Also explained that Ms. Szabo removed documents during the 03/02/06 and a letter was sent to Ms. Szabo.  Up until this meeting time, Ms. Szabo had not returned the items.  Now that the exhibits have been brought back they will be attached to the appropriate minutes.
·       Glad to see the paver project at the guardhouse being completed and looks great and that we are moving forward.

Dr. Iglesias Comments:
·       Would like the Council to do a resolution for limiting the amount of time to complete a construction project in the town.  
·       Business section - agrees and feels that the food cart trucks should not be allowed in Golden Beach, as it is a business.
·       Agrees with Dr. Feinman that the beach is a mess.  Wants rake for the beach.  
·       Jeep - believes that vehicle was not working.
·       Impropriety regarding the minutes - all meetings were not published as asked.
·       No notice of the Technical Committee meetings as requested. Feels that Mr. Paruas               should have served on that committee.  
·       Wants notification for all meetings sent to him.
·       The entrance is not what was expected.  There is a sense of asymmetry instead of
        symmetry.  Stop signs dirt was not compacted the way it is suppose to be because it             was rushed and will be the first problem spots.
·       Questioned whether we were going to continue the repair all along GBD or stop at Town Hall. Mayor explained that we are doing the repair that Council approved and he disagrees that we repaired a parking lot and not the road that the resident uses and believes that we are headed in the wrong direction.
·       Tiki huts at beach - has not seen this sand lowered as stated and feels it is a liability.
·       Fence damage - Brings it up each month and not taken care of. Feels that it we cannot   handle the small projects how can we handle a master plan.
·       Boat ride was educational and many seawalls need to be addressed
·       Attorney bills - Asked previously to have the statements on a monthly basis and stated  that last one received was last October and does not want them kept from him.
·       Wants implementation of the newsletter again.  
·       Police department - should purchase Laser RADAR and new machines that write out         tickets for the police officer.

Councilmember Lusskin's Comments:
·       Condolences to Sherri and Steve Fox
·       Feels that items brought up and still falls through the cracks.  Suggest each staff member should respond to Council members within 2 weeks of meeting.
·       Remind ourselves that improvements create messes and we need to be patient
·       Demolition permits should be completed in a timely manner.
·       Citizen's Right to speak - should be able to be presented next month
·       Residents on the beach need to be aware of what is going on in town.  We have a separate mailing list for them and we need to use it.
·       Maintain police patrol at least 4 times per shift and staff should not be always pulled from there to cover the interior of the Town.
·       Film ordinance - we will revisit in August

TOWN MANAGER REPORT - None

TOWN ATTORNEY'S REPORT - None

(Moved from Item #5)

5.      RESO. No. 1775.06. Approval of a Work Authorization with Craig A. Smith & Associates sponsored by Mayor Singer. A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing the approval of a work authorization with Craig A. Smith & Associates, Inc. (“CAS”) for the provision additional engineering services for the Town, so as to provide the Town with architectural plans, construction documents and landscape design for the renovation of the Town Beach Pavilion; providing for implementation; providing an effective date.

Motion made by Councilmember Lusskin Seconded by Councilmember Iglesias   
Motion approved 5 Aye 0 Nays
  
Assignment of Town Clerk's duties to be performed by the Town Manager.

Motion made by Councilmember Colella-Battista Seconded by Councilmember Iglesias       
Motion approved 5 Aye 0 Nays

ORDINANCES – FIRST READING

1.      ORD. No. 506.06 Amendment to Chapter 46 "Waterways" sponsored by Town Council.  An Ordinance of the Town of Golden Beach, Florida, Amending Article IV “Seawalls and Docks” of Chapter 46 “Waterways” of the Town of Golden Beach Code of Ordinances, by amending Section 46-76 “Building Permit Required For Seawalls” to require seawalls for all properties adjacent to waterfront other than the Atlantic Ocean and amending title of section; amending Section 46-77 “Design, Construction of Seawalls” to require seawalls be constructed in accordance with attached seawall detail; amending Section 46-82 “Deteriorated Seawalls, Bulkheads Prohibited” to require building permits for construction of all docks and seawalls and amending title of section; amending Section 46-84 “Permit Required For Docks and Seawalls” to provide revised required minimum and maximum elevation height for all seawalls and amending title of section; amending Section 46-86 "Height of Sea Walls and Docks and Extension of Deck Of Dock" to provide applicability of article and guidelines for nonconforming seawalls and amending title of section; providing for severability; providing for conflict; providing for inclusion in the Code; providing for an effective date.

Motion made by Councilmember Lusskin Seconded by Mayor Singer     
Public Hearing - no comments  
Motion approved 5 Aye 0 Nays

2.      ORD. No. 507.06 Amendment to Chapter 14 "Environment" sponsored by Mayor Singer.  An Ordinance of the Town of Golden Beach, Florida, amending the Code of Ordinances by amending Chapter 14 “Environment” by creating Article IV “Hurricane Protection Measures” consisting of Section 14-115 “Prevention of Storm Damage”; providing~ regulations concerning landscaping and the maintenance and disposal of landscaping debris, trees, yard waste and vegetation,~ so as to mitigate potential storm impacts and damages; providing restrictions on placement of landscaping debris; requiring removal of certain exotic plants and trees for new construction; providing for protection of electric power lines from vegetative growth; providing for severability; providing for inclusion in the code; providing for penalty; and providing for an effective date.

Motion made by Councilmember Lusskin Seconded by Councilmember Colella-Battista
Motion approved 5 Aye 0 Nays

CONSENT AGENDA (1 Item)

Motion made by Councilmember Iglesias Seconded by Councilmember Lusskin        .
Motion approved 5 Aye 0 Nays.

4.      RESO. No. 1776.06 Appointment of Security/Public Safety Committee member sponsored by Administration. A Resolution of the Town Council of the Town of Golden Beach, Florida, appointing Judy Lusskin to the Town of Golden Beach Security and Public Safety Committee; providing for implementation; and providing for an effective date.

3.      Approval of Minutes -  

Motion made to table the minutes

Motion made by Mayor Singer  Seconded by Councilmember Colella-Battista        .
Motion approved 5 Aye 0 Nays.

RESOLUTIONS:  MISCELLANEOUS

6.      RESO No. 1777.06 Approval To Purchase A Replacement Vehicle Police Vehicle sponsored by Administration.  A Resolution of the Town Council of the Town of Golden Beach, Florida, authorizing purchase of police patrol vehicle and related emergency vehicle equipment for the Golden Beach Police Department; providing for implementation; providing for an effective date.

Motion made by Councilmember Iglesias  Seconded by Councilmember Lusskin         .
Motion approved 4 Aye 1 Nays.

7.      RESO No.1778.06 Approval of Settlement Agreement with Jeff Kaplan: sponsored by Mayor Singer.  A Resolution of the Town Council of the Town of Golden Beach, Florida, approving the Settlement Agreement and General Release (“Agreement”) between the Town and Jeffrey Kaplan to settle certain claims and to avoid further court and administrative proceedings; authorizing the Town Mayor to execute the Agreement; providing for implementation of the agreement; providing for an effective date.

Motion made by Councilmember Lusskin  Seconded by Councilmember Iglesias         
Motion approved 4 Aye 1 Nays.

DISCUSSION AND DIRECTION:

8.      Evaluation Committee Recommendation:  Committee Recommendations for the Project Management firm for the Town-wide Capital Improvement Project.

Following discussion of committee, Mayor Singer requested Council to set a Special Meeting to do the interviews.  Consensus was given to set meeting for April 24th at 7:00 pm.

9.      Consideration of a Beach Attendant.  Beach Committee requested that the Council consider its position on the beach attendant position.  

Direction was given to add in the task recommended by the Beach Committee, forward the job description to the Council, and get their input.  Mayor will review and then place the ad.  

Council gave consensus to hire the beach attendant.
 .  
ADJOURNMENT:

Motion to adjourn at 10:53.

Motion made by Mayor Singer  Seconded by Councilmember Lusskin         
Motion approved 5 Aye 0 Nays.

ATTEST:

Bonilyn Wilbanks-Free
Town Manager


 
 
   
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